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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura
Chami Yassine
College of Law, Dhofar University, Sultanate of Oman, Oman
Humanities Economics, Econometrics & Finance Social Sciences

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Political Disenfranchisement as a Means of Combating Corruption Suwito Suwito; Yang Meliana; Jenggis Khan Haikal; Ontran Sumantri Riyanto; Chami Yassine
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 1: 2024
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i1.24132

Abstract

The purpose of this study was to explore effective ways of determining the duration of political disenfranchisement of corruption convicts in Indonesia, with the aim that this punishment serves as an effective deterrent effect without violating human rights. The study also aims to analyze the long-term impact of political disenfranchisement of corruption convicts on democratic processes and their reintegration into post-detention society. This research is categorized as normative legal research and uses a philosophical and analytical approach that focuses on rational, critical analytical, and philosophical views on applicable legislation and legal theory. The research utilizes analytical descriptive methods to examine positive law enforcement practices related to these issues. Based on the severity of corruption cases and the rehabilitation potential of convicts, determining the duration of political disenfranchisement is crucial. Fair review and appeal mechanisms should be in place to support the social and political reintegration of ex-convicts. The study also emphasizes the importance of political disenfranchisement as part of a broader legal system to support healthy democracy, transparent governance, and inclusive societies.
Indonesia's Constitutional Court: Bastion of Law Enforcement and Protector of Human Rights in The Reform Era Luh Putu Vera Astri Pujayanti; Zainun Zakya Nugrahayu; Erman I. Rahim; Mohamad Hidayat Muhtar; Chami Yassine
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 1: 2024
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i1.24128

Abstract

This study aims to analyze the role of the Indonesian Constitutional Court in carrying out its function as a stronghold of law enforcement in Indonesia after the reform era, as well as evaluate the extent to which this institution has succeeded in protecting human rights through its decisions. Methods: This research is categorized as normative legal research with a philosophical and analytical approach. The focus is on rational, critical, and philosophical analysis of the legal issues raised. The analytical descriptive method is used to describe the applicable legislation, legal theory, and positive law enforcement practices related to the problem under study. Results: The results show that the Indonesian Constitutional Court plays an important role in upholding the Constitution and social justice with a careful and balanced approach. Key decisions such as No. 18/PUU-V/2007, No. 75/PUU-XIII/2015, and No. 102/PUU-XXI/2023 highlight the importance of legislative autonomy, legal clarity, and certainty, as well as the presumption of innocence and prudence in political intervention. The application of Aharon Barak's theory of "proportionality," Lon Fuller's "legal certainty," and Alexander Bickel's "judicial restraint" provides insight into ensuring a balance between human rights, legal certainty, and the integrity of due process.
Co-Authors Erman I. Rahim Jenggis Khan Haikal Luh Putu Vera Astri Pujayanti Mohamad Hidayat Muhtar Ontran Sumantri Riyanto Suwito Suwito Yang Meliana Zainun Zakya Nugrahayu